Writ petition challenging fishing rights granted to a society was disposed of as the lease period had expired. Court directed the return of the interim security deposit.
3rd respondent to return Rs.10,000/- deposit to 5th respondent-society; no costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HON’BLE SRI JUSTICE C.V. RAMULU
WRIT PETITION No.7844 of 2008
ORDER:
The petitioner is the Gram Panchayat of Ardhaveedu Village, Prakasam District. This writ petition is filed seeking a Mandamus declaring the proceedings bearing Rc. Nos. Tanks/2007, dated 25.1.2008 and 10.3.2008 of the 4th respondent as arbitrary and illegal.
It appears, for three years i.e., 2005-2006, 2006-2007 and 2007-2008, the 5th respondent-society was granted fishing rights of Chinnarayuni tank of Ardhaveedu Mandal, Prakasam District. The 5th respondent-society conducted fishing operations during the years 2005-2006 and 2006-2007 without any objection from anyone. However, during the year 2007-2008, the Gram Panchayat passed a resolution restraining the 5th respondent from carrying out fishing operations and filed the present writ petition stating that it had 106 acres of Ayacut for Chinnarayuni Tank and since it was a drought period, permitting fishing operations may affect the agricultural operations.
While admitting the writ petition on 10.4.2008, this Court granted interim direction restraining the 5th respondent from catching the fish in Chinnarayuni tank of Ardhaveedu village. However, on filing a vacate stay petition, the said interim order was modified and the 5th respondent society was permitted to make necessary arrangements to catch fish in Chinnarayuni tank of Ardhaveedu village and the said catchment shall be done only after the 5th respondent-vacate stay petitioner deposits an amount of Rs.10,000/-.
Even according to the Gram Panchayat, during the years 2007-08, there was a drought and hence it filed the present writ petition. However, in the counter affidavit filed by the officials respondents, it is stated that the 5th respondent-society was granted fishing rights for a period of three years as per the guidelines laid down by the Government and there was no illegality committed by them in permitting the 5th respondent society to
conduct fishing operations.
Since the lease period has already expired, nothing survives for adjudication in this writ petition.
Under those circumstances, the 3rd respondent shall return the amount of Rs. 10,000/- deposited by the 5th respondent-society in pursuance of the interim order dated 29.4.2008 to the 5th respondent-society forthwith. The writ petition is accordingly disposed of. No costs.
________________ C.V. RAMULU,J
DATE: 23rd November, 2010
pnb
Gram Panchayat of Ardhaveedu Village
officials respondents
5th respondent-society
3rd respondent
C.V. RAMULU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
